The first time I wrote about R & D Film 1, LLC was in July, 2012 (see,”‘The Divide’ — Copyrighted Bait, New Copyright Trolls“). In that article, R&D Film 1, LLC was suing John Doe Defendants for the alleged download of their “C-RATED” movie, “The Divide” (my version of the image is above indicating that a copyright troll was overseeing the production of the film). After six months of collecting settlements from accused defendants, it appears as if they are at it again suing new defendants, and this time, they are doing it using local counsel Richard Symmes.
If you don’t remember my post about Richard Symmes (see, “More and More Trolls“). Richard is the one who filed six (6) lawsuits against a total of 330 defendants on behalf of Kintop Pictures, Inc. The funny about the Kintop Pictures cases is that without explanation, Symmes dismissed ALL OF THE CASES. We at the Cashman Law Firm, PLLC thought his law firm had grown a conscience and that they came to the understanding that suing individual defendants for the download of their client’s flick was immoral. I guess we were the ones who were naive. Here are his new lawsuits:
CASES FILED BY RICHARD SYMMES IN THE WESTERN DISTRICT OF WASHINGTON:
R & D Film 1 LLC v. Does 1-46 (Case No. 2:13-cv-00050)
R & D Film 1 LLC v. Does 1-45 (Case No. 2:13-cv-00051)
R & D Film 1 LLC v. Does 1-41 (Case No. 2:13-cv-00052)
R & D Film 1 LLC v. Does 1-22 (Case No. 2:13-cv-00053)
R & D Film 1 LLC v. Does 1-51 (Case No. 2:13-cv-00054)
R & D Film 1 LLC v. Does 1-50 (Case No. 2:13-cv-00055)
R & D Film 1 LLC v. Does 1-44 (Case No. 2:13-cv-00056)
R & D Film 1 LLC v. Does 1-16 (Case No. 2:13-cv-00057)
In total, on January 8th, 2013, Richard Symmes sued a total of 315 John Doe Defendants, all apparently living in Washington.
What annoys me about the R & D Film 1, LLC lawsuits is that they have been suing defendants for SIX MONTHS NOW for the SAME MOVIE. In each of their new lawsuits, they specifically state the specific title of bittorrent file was allegedly downloaded. If they have had SIX MONTHS to ponder the so-called “piracy” of the films, don’t you think they had enough time to send at least one DMCA “takedown” notice to the bittorrent website(s) who are hosting these same torrent files? Or, do you think that they are LOVING this “sue my customer” strategy? Quite frankly, a judge should have them show proof that they have taken steps to police their copyrights by filing the DMCA “takedown” letters with the websites hosting the torrents containing the pirated content, and if they cannot offer this proof, in my opinion, the judge should dismiss the case.
“By the way, if you are downloading “The Divide” on bittorrent and you can see those seeding the files to you in your bittorrent swarm, tell R & D Film 1, LLC that I say hello.”
CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.
NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together. That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.
15 thoughts on “(WAWD) R & D Film 1, LLC files suit against 315 Defendants using local counsel Richard Symmes”
I am momentarily intrigued…
You wouldn’t happen to know which hash they are using in these suits would you?
Or who their “expert” is…
I mean its not like I have a hobby of bending search engines to my will to locate first appearances, and tracking IPs for fun…
It looks like Mr. Symmes has recently filed a few new Copyright Infingement suits against a number of Does on behalf of Private Lenders Group, Inc and Flypaper Distribution, LLC. Does anybody know what these suits are in relation to?
Think these will get dismissed? How do you fight it?
Yes, eventually I believe they will be dismissed. We can talk strategy over the phone.
My ISP Comcast has sent me a letter (not certified) saying that Symmes and R&D Films have subpoena for my information. They did not indicate which movie, but it is the John Doe 1-16 on the case file The Divide. I contacted a local WA lawyer, and he says I should settle now before they get my information (he also knows the plaintiff). This sounds like admitting guilt, when I am not. I have never even heard of the terrible movie that is in question (I’m guessing it is the above mentioned), and my IP is dynamic (it is always changing). Should I lawyer up now (at a cost of $xxxx), or should I wait to see if this will go away? I do not want these extortionist to have my information.
I have replied to your comment via e-mail, but the only portion of the comment I would like to share with everyone reading your post is to be careful what you pay for. In sum, you get what you pay for. If an attorney is charging you $300, chances are, he or she expects to spend only an hour on your lawsuit. $500, perhaps two hours. Is this the kind of lawyer you want working on a case where you have $150,000 to lose? Same explanation on the high side. If an attorney asks you for a non-refundable $5,000 retainer fee, ask yourself how many “hours” of work you will be getting in return, and whether that attorney will spend that amount of time on your case.
Mr Symmes is currently threatening my landlady over a movie called Zambezia. he has a subpoena filed for Info on all residents.
Any word on the case in Colorado?
iam also now a part of the R & D Film 1, LLC v Does. iam confused and need help also
Just received a letter from Costco too. However I don’t see a settlement fee and plus it doesn’t specify which file that was downloaded. My family is stressed and don’t know if what to do.
I meant comcast
I laughed when I saw “Costco.” I sent you an e-mail responding to your inquiry. It appears that the letters have gone out for your case and all putative “John Doe” defendants are getting them in the mail.
Hi Rob! Do you have a copy of any of the WA cases or can point to a copy? Thanks. Looking for an R & D case for the Zambezia film. Have a great one.
So can I get some legal advice? I live in a house with multiple people and received the notice from comcast about this, Saying it was downloaded. I would love an email about what to do exactly and get out of this as cheaply as possible or for nothing? No idea what to do.
I am also a part of this. I have an unsecured network and I am thinking someone around me downloaded this movie seeing as I don’t download movies, or have ever heard of this movie before. I have to call and talk to the judge at the end of this month. What exactly am I supposed to say exactly? This is just more b.s. to have to deal with.